The Supreme Court of India has made it clear that serving bureaucrats should not be appointed as election commissioners. This decision was made to maintain the independence of the office of the election commissioner. This article discusses the background, major points and the implications of this ruling.
Background
The decision came as a result of an appeal by the Goa government against an order of the Bombay High Court. The Bombay High Court had criticized the State Election Commission (SEC) for not acting independently to fulfill the constitution’s mandate before declaring an election schedule. The court even stayed specific municipal election notifications issued by the Goa SEC. It came to light during the proceedings that the law secretary of Goa state was given ‘additional charge’ of the State Election Commission.
The Supreme Court’s Ruling
The Supreme Court ruled that independent individuals, not government employees, should be appointed as Election Commissioners. The court called the practice of offering government employees additional roles as Election Commissioners a “mockery of the Constitution”. It directed states to adhere to the constitutional scheme that assures independent and fair functioning of election commissions. If individuals hold any position under the state government, they must resign before assuming the role of the election commissioner.
About State Election Commissions (SECs)
The State Election Commission is responsible for conducting free, fair and impartial elections to the local bodies in the state. Article 243K(1) states that the authority to direct and control the preparation of electoral rolls and conduct elections to the Panchayats shall rest with a State Election Commission. The State Election Commissioner is appointed by the Governor. Under Article 243K(2), the tenure and appointment will be dictated as per the law formed by the state legislature.
Suggestions from Administrative Reforms Commission and Law Commission
The Second Administrative Reforms Commission (2nd ARC) recommended that the Governor should appoint the State Election Commissioner (SEC) based on a collegium’s recommendation. This collegium should consist of the Chief Minister, the Speaker of the State Legislative Assembly and the Leader of Opposition in the Legislative Assembly. The 2nd ARC also proposed creating a mechanism to align the Election Commission of India and the SECs for coordination and resource sharing.
The 255th Report on Electoral Reforms by the Law Commission suggested adding a new sub-clause to Article 324 of the Constitution. This would ensure a separate independent and permanent Secretariat for the Election Commission of India (ECI), similar to the Lok Sabha/Rajya Sabha Secretariats under Article 98 of the Constitution. It also mentioned that similar provisions could be adopted for the State Election Commissions to guarantee autonomy and free and fair local body elections.
This Supreme Court ruling is a crucial step towards ensuring that the independence of the election commission is not compromised by any potential conflicts of interest. By appointing independent individuals as election commissioners, the sanctity and fairness of elections can be preserved in India.
